HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR S.B. Criminal Misc. Suspension of Sentence Application No.348/2023 In S.B. Criminal Revision Petition No. 1250/2023 Ata Mohammad S/o Yasin Khan, Aged About 80 Years, R/o Ward No. 05 Pallu Tehsil Pallu Dist. Hanumangarh Raj. Presently Lodged In Jail Nohar
----Petitioner Versus State Of Rajasthan, Through PP
----Respondent For Petitioner(s) : Mr. Jai Kishan For Respondent(s) : Mr. Mahipal Bishnoi, P.P.
HON'BLE MR. JUSTICE FARJAND ALI Order 03/10/2023
1. The instant application for suspension of sentence has been moved on behalf of the applicant in the matter of judgment dated 20.10.2022 passed by the learned Judicial Magistrate Rawatsar in Criminal Regular Case No.70/2014 whereby he was convicted and sentenced to suffer maximum imprisonment of two years' simple imprisonment along with a fine of Rs. 2,000/- under Section304 A of IPC and lesser punishment for the other offences under Sections 279 and 337 of IPC.
2. It is contended on behalf of the applicant that the learned trial Court as well as appellate Court have not appreciated the correct, legal and factual aspects of the matter and thus, reached at an erroneous conclusion of guilt. Hearing of the revision is likely (Downloaded on 12/11/2023 at 06:49:23 AM) (2 of 3) to take long time, therefore, the application for suspension of sentence may be granted.
3. Per contra, learned public prosecutor has vehemently opposed the prayer made on behalf of the accused-applicant for releasing the petitioner on application for suspension of sentence.
4. Heard learned counsel for the parties and perused the material available on record.
5. Considering the submissions of learned counsel for the parties and looking to the totality of facts and circumstances of the case, the hearing of revision is likely to take further more time and considering the overall submissions while refraining from passing any comments on the niceties of the matter and the defects of the prosecution as the same may put an adverse effect on hearing of the revision, this court is of the opinion that it is a fit case for suspending the sentence awarded to the accused- petitioner.
6. Accordingly, the application for suspension of sentence filed under Section 397/401 Cr.P.C. is allowed and it is ordered that the sentence passed by learned Judicial Magistrate Rawatsar who passed the impugned order 20.10.2022 in Criminal Regular Case No.70/2014 against the petitioner-applicant- Ata Mohammad S/ o Yasin Khan shall remain suspended till final disposal of the aforesaid revision and he shall be released on bail provided he executes a personal bond in the sum of Rs.50,000/-with two sureties of Rs.25,000/- each to the satisfaction of the learned trial Judge for his appearance in this court on 03.11.2023 and (Downloaded on 12/11/2023 at 06:49:23 AM) (3 of 3) whenever ordered to do so till the disposal of the revision on the conditions indicated below:-
(1) That he will appear before the trial Court in the month of January of every year till the appeal is decided.
(2) That if the applicant changes the place of residence, he will give in writing his changed address to the trial Court as well as to the counsel in the High Court.
(3) Similarly, if the sureties change their addresses, they will give in writing their changed address to the trial Court.
(FARJAND ALI),J 32-divya/-
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